Negligence Claim

By: Derek Hawkins//January 7, 2019//

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7^th Circuit Court of Appeals

Case Name: Stanley Hutchison v. Fitzgerald Equipment Company, Inc.

Case No.: 18-2203

Officials: FLAUM, ROVNER, and SCUDDER, Circuit Judges.

Focus: Negligence Claim

A forklift backed over Stanley Hutchison’s foot while it was loading product onto his tractor‐trailer. Hutchison’s employer, who owned the forklift, had contracted with another company to provide maintenance on the forklift. Hutchison sued that third‐party servicing company, Fitzgerald Equipment Company, Inc. (“Fitzgerald”), alleging that Fitzgerald was negligent in failing to warn his employer to install a backup alarm on the forklift and was liable in concert with his employer for failing to install such an alarm. The district court granted Fitzgerald’s motion for summary judgment on the negligence claim and granted Fitzgerald’s motion to dismiss the in‐concert liability claim. We affirm.

Affirmed

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Derek A. Hawkins is a trademark corporate counsel attorney for Harley-Davidson, where he concentrates his practice on brand protection and strategy.

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